ATA Expresses Concerns About FMCSA's Restart Study

With the recent changes to the FMCSA HOS restart changes, the ATA and other trucking industry associations have been keeping a close eye on the changes and the implications for the industry.

 Recently the FMCSA released its findings regarding the field study it conducted concerning the restart rule.  The ATA put out a press release regarding the findings.  Overall, the ATA commented on needing more analysis of critical issues to justify such a change.  

Read here for the complete ATA Press Release:

FOR IMMEDIATE RELEASE Contact: Sean McNally

January 30, 2014 703-838-1995

ATA Expresses Concerns About FMCSA’s Restart Study

Arlington, Va. – Today, American Trucking Associations officials said while they
appreciate the release of the Federal Motor Carrier Safety Administration’s study
commenting on the efficacy of recent changes to the restart provisions of the hours-of service rules, what the report doesn’t say may be as significant as what it does.

“We appreciate FMCSA releasing the results of its restart field study,” said Dave
Osiecki, ATA executive vice president and chief of national advocacy. “However, in many respects this short report is lacking critical analyses on several important issues”

As the report indicates, this new research found that drivers with fewer nighttime rest periods may have incrementally slower reaction times for example as short as one-third of one second and a modest increase in lane deviations. FMCSA is cautious, though, in suggesting how important these findings are regarding the rule’s efficacy.

The report failed to evaluate the safety effects or efficacy of the once-per-week restart restriction, commonly called the 168 hour rule. Similarly, the study did not address the real-world safety implications of putting more trucks on the road during daytime hours, a time when more passenger vehicles are also on the road.

“The study acknowledges that the two or more night restart periods result in more trucks on the road during the day, but it does not address the corresponding safety or congestion impacts,” Osiecki said.

Additionally, the study does nothing to evaluate health benefits of the restart changes which were used to justify the rule change.

“While the study includes some findings favorable to certain portions of the new restart rule, the incomplete nature of the analysis and the lack of justification for the once weekly use restriction is consistent with the flawed analyses that led the agency to make these changes in the first place,” Osiecki said.

 

"The cornerstone of our practice has been to provide a full range of legal services to the insurance defense community.”